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File Number: 21-398 <br />noise levels, mechanical equipment and other factors related to new construction. Furthermore, <br />the City is actively engaged with noise compliance and enforcement during all grading and <br />construction activities as well as after Project completion. These uniformly applicable <br />development standards are reflected in the Project’s Conditions of Approval to ensure that noise <br />from the Project will not result in a significant impact. <br />Traffic Impacts <br />Substantial evidence in the record supports the Board of Zoning Adjustments’ finding that the <br />Project will not generate significant vehicle miles traveled (VMTs). A detailed transportation <br />impact study dated October 2020 was prepared for the Project and the environmental <br />determination. The Project is located in a high-quality transit corridor, a walkable neighborhood, <br />is located within a major employment center, and provides active transportation options as an <br />alternative to vehicle use. The truck loading areas for the Project were analyzed by the City’s <br />Engineering and Transportation Department staff and CHS Consulting Group and found to be <br />safe and adequate. The transportation impact study concluded that the proposed Project would <br />not result in significant impacts with respect to the addition of the Project’s traffic, and no <br />mitigation measures were required. <br />Payment of Appeal Fees <br />Only project applicants are held responsible for costs associated with their appeal. In this <br />instance, neither of the two Appellants are the project applicant and are therefore not subject to <br />the assumed requirements cited. In this instance, both Appellants were provided reasonable <br />accommodation by the City to submit their appeal and pay the associated fees remotely during a <br />declared State of Emergency for COVID-19 at a time when City Hall was closed to the public. The <br />City accepted and processed their appeals regardless of the accompanying forms provided and <br />will not hold them to the same standard as Applicants insofar as obligations for the payment of <br />fees and costs associated with due process are concerned. <br />Appeal filed by Laborers International Union of North America, Local 304 <br />This Appellant filed an appeal under the premise that the environmental review of the project was <br />inadequate because significant effects relating to indoor air quality, specifically the impact on <br />residents from formaldehyde in building materials, were not analyzed in the General Plan EIR and <br />would not be substantially mitigated by the City’s uniformly applicable development policies. <br />There are a number of uniformly applicable development standards already established, including <br />provisions imposed by State and Federal agencies, to regulate formaldehyde emissions in new <br />construction to safe levels. The Project is required to comply with the 2019 California Green <br />Building Standards Code (CALGreen), which specifies that composite wood products (such as <br />hardwood plywood and particleboard) used for construction must meet all requirements for <br />formaldehyde specified by the California Air Resources Board’s Airborne Toxic Control <br />Measures, which do not allow added formaldehyde-based resins or ultra-low emitting <br />formaldehyde resins. Given the existing regulatory measures in place, it is pure speculation and <br />argument without supporting evidence to state that exposure to formaldehyde is directly <br />applicable to new construction. Sources of formaldehyde cannot be linked to the Project and <br />Page 5 City of San Leandro Printed on 7/1/2021 <br />55